and in some cases still working from home, here is an interesting case,
not from
the claimant but this MRI scan shows a fracture-dislocation in the thoracic
spine, note the disruption of the spinal cord, X-ray from OrthoInfo, the case in question arose when a German
Federal Court recently ruled that a man who broke his back by falling down the
stairs from his bedroom on his way to his home office should be covered by his
employer’s workplace accident insurance, according to court documents published recently, Germany’s Federal Social Court ruled in favor of an unnamed
area sales manager who broke his back in an accident that occurred in his home
in 2018, the man was allegedly walking down the stairs from his bedroom on his
way to his home office when he slipped on his spiral staircase and broke a
thoracic vertebra. The plaintiff’s lawyer argued that his client, who typically
starts his workday without eating breakfast, was headed for his home work
station, which makes his accident work-related and should be covered by
insurance, interestingly, online documents show that a lower court had previously
ruled that the man’s walk from his bedroom to his home office qualified as “an
uninsured preparatory act that only precedes the actual insured activity,” and
thus was not covered by work accident insurance. However, the employee appealed
the decision to a higher court, which overturned the decision,
apparently, the
Covid-19 pandemic had a part to play in the recent ruling, as the employee
pointed out that many people are currently required to work from home in
Germany and should be covered by work accident insurance, it is worth noting
that German legislation is different from US legislation and that in the
European country even the commute from home to the workplace is covered by
accident insurance. In this case, the court merely decided that the man’s walk
down the stairs counted as a commute to work, the recent ruling sparked a heated online debate, both in
Germany and abroad. While some consider the decision just, seeing as not all
work is conducted on company premises, a few examples for instance would be postmen, delivery drivers, dustbin men, etc. so workers should be covered by insurance wherever they
conduct their work. Others, on the other hand, wondered if this ruling would
open the gates to home office inspection by employers, to check for potential
hazards, in the UK having an accident going to work or retuning is down to you, work insurance starts when you start work, so I guess in Germany if you work from home, a Health and Safety inspector from the company you work for will soon be calling on you!
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